Genesee Farms, Inc. v. Scopano

Judgment reversed, without costs, and matter remitted to the Zoning Board of Appeals of the Village of Oakfield for further proceedings in accordance with the following memorandum: In this CPLR article 78 proceeding respondents appeal from a judgment directing them, as the Zoning Board of Appeals of the Village of Oakfield, to grant petitioner a building permit for the construction of a self-service gasoline island to be operated on petitioner’s premises in conjunction with its ongoing operation of a dairy goods store. The trial court found that the proposed use did not constitute a service…